Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 186/08
Determination date 09 December 2008
Member J Crichton
Representation J Henning (in person) ; A Brandon (in person)
Location Christchurch
Parties Henning (Labour Inspector) v Brandon
Summary ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought payment of outstanding holiday pay and interest owing to respondent’s former employee – Respondent disputed applicant’s calculations in telephone conference – Applicant provided further information supporting calculations – Respondent made no further submissions – Authority found applicant’s calculations correct – Found holiday pay due and owing – Found one year’s interest payable on sum - PENALTY – Applicant sought penalties for failure to keep and supply wages, time and holiday records – Authority awarded penalty for failure to pay annual holiday pay - COSTS – Applicant entitled to reimbursement of filing fee
Result Applications granted ; Arrears of holiday pay ($702.72) ; Interest (5%)($35.14) ; Penalty ($750)(payable to Crown) ; Disbursements in favour of applicant ($70)(filing fee)
Main Category Arrears
Statutes ERA s130;ERA s229(1)(d);Holidays Act 2003 s75;Holidays Act 2003 s77;Holidays Act 2003 s81;Holidays Act 2003 s82;Holidays Act 2003 s84
Number of Pages 4
PDF File Link: ca 186_08.pdf [pdf 19 KB]